- 35 - investigating tax fraud. Helvering v. Mitchell, 303 U.S. 391, 401 (1938); see also Zand v. Commissioner, T.C. Memo. 1996-19; Hobart v. Commissioner, T.C. Memo. 1995-517. These policies undergirding the additions for civil tax fraud obviate any challenges based on theories of double jeopardy and excessive fines arising from the forfeiture proceedings and petitioner's criminal trial, and the loss of liberty and fines stemming therefrom.19 19The Court of Appeals for the Fourth Circuit recently reaffirmed the principle of Helvering v. Mitchell, 303 U.S. 391, 401 (1938), that the civil tax fraud addition does not result in double jeopardy in the wake of more recent Supreme Court decisions that seemingly called that principle into question. Thomas v. Commissioner, 62 F.3d 97 (4th Cir. 1995), affg. T.C. Memo. 1994-128; see also McNichols v. Commissioner, 13 F.3d 432, 434-435 (1st. Cir. 1993) (rejecting taxpayer's argument, citing "an insurmountable wall of cases" beginning with Helvering v. Mitchell, supra, and then distinguishing civil forfeiture as entirely distinct from civil tax liabilities), affg. T.C. Memo. 1993-61; United States v. Alt, 83 F.3d 779, 782 (6th Cir. 1996) (quoting United States v. Halper, 490 U.S. 435, 446 (1989): "the Government is entitled to rough remedial justice, that is, it may demand compensation according to somewhat imprecise formulas * * * without being deemed to have imposed a second punishment for the purpose of double jeopardy analysis"); United States v. Brennick, 908 F. Supp. 1004, 1009 (D. Mass. 1995) (reaffirms the continuing vitality of Helvering v. Mitchell in the wake of recent Supreme Court decisions in United States v. Halper, supra, Montana DOR v. Kurth Ranch, 511 U.S. 767 (1994), and Austin v. United States, 509 U.S. 602 (1993), noting that the Supreme Court approval of Mitchell in Halper and Kurth Ranch "strongly indicates that the Court did not intend to overturn Helvering [v. Mitchell] sub silentio"); Ianniello v. Commissioner, 98 T.C. 165 (1992).Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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